MEC&F Expert Engineers : 10/02/15

Friday, October 2, 2015

California woman awarded $1.9M after getting burned by a VapCigs e-cigarette charger




Published October 01, 2015





(REUTERS/Christian Hartmann)

RIVERSIDE, Calif. – A California woman badly burned by an exploding electronic cigarette was awarded nearly $2 million Wednesday by a jury in a product liability suit, her lawyer said.

Jennifer Ries of Corona was on her way to the airport in March 2013 when she plugged in her VapCigs e-cigarette charger and it spewed hot metal that ignited her dress, attorney Gregory Bentley said.

Her husband, Xavier Ries, tossed an iced coffee on her to extinguish the flames, but she was scarred for life by second-degree burns on her buttocks, thighs and hand, according to the lawsuit.

The couple missed their flight to Brazil, where they had planned to help build a community center for children in the slums of Rio de Janeiro, and Jennifer Ries ended up at an urgent care facility and a burn clinic the following day.

After a six-day trial, a Riverside Superior Court jury awarded $1.9 million to Jennifer Ries in the lawsuit against VapCigs, which distributes the Chinese-made e-cigarette and charger, wholesaler Cartons 2 Go and retailer Tobacco Expo, Bentley said.

Lawyers for the defendants did not immediately respond to messages seeking comment

"If you're going to place a product in the marketplace, you have to make sure it's safe for the consumer," Bentley said. "If you don't, you're at your own peril."

Ries stopped vaping after the incident, said Joe Marchelewski, a spokesman for Bentley's firm.

Fire destroys two dozen cars at Skyline Auto Auction lot in Fairfield, New Jersey




OCTOBER 1, 2015


FAIRFIELD, NEW JERSEY
 
At least 20 cars were destroyed Thursday morning by a fire that authorities say struck a New Jersey car auction lot.

A Skyline Auto Auction security guard first reported cars in the lot were on fire at about 5:30 a.m. Thursday, Fairfield Police Deputy Chief Anthony Manna said. About 20 cars were damaged in the blaze, he said.

The Fairfield Fire Department was still putting spot fires out at 7:30 a.m., Manna said.

The car lot, located on Route 46 in Fairfield, contains thousands of cars, Manna said. The portion of the lot affected by the fire was sizable, but "not the entire property," he said.

Most of the burned cars had been returned leases that were about to go up for auction, police said.

Authorities are investigating what started the fire, Manna said.

OCTOBER 2, 2015 PHOTOS: Flooding at the Jersey shore 2 days before the arrival of tropical storm/Hurricane Joaquin


Streets and the shoreline were flooded in towns across the Jersey shore as a coastal storm hit.
 

























 

2 CARGO SHIPS SIINKING, MISSING IN THE WAKE OF HURRICANE JUAQUIN


 




Coast Guard responds to possible people in the water northwest of Haiti

Northland 

MIAMI — The Coast Guard is responding to a report of a 212-foot cargo ship with 12 crew members aboard reportedly sinking 51 nautical miles northwest of Haiti, Thursday night.

Coast Guard 7th District Command Center watchstanders received a relay message from Her Majesty’s Coast Guard after they received an Inmarsat satellite message stating the Bolivian-flagged cargo ship Minouche, listing 30 degrees to port and all 12 crewmembers aboard were making preperations to abandon ship.

The Coast Guard immediately diverted the Coast Guard Cutter Northland and launched a helicopter crew forward deployed in Great Inagua, Bahamas. A good Samaritan vessel and member of the Automated Mutual Assistance Vessel Rescue System, commonly referred to as AMVER, has also been diverted to the vessels last known position.

 //-------------------------///////////



BREAKING: American Cargo Ship ‘El Faro’ Missing with 33 Crew in Hurricane Joaquin

October 02, 2015

Contact: Coast Guard 7th District Public Affairs
Email: D07-SMB-PAMIAMI@uscg.mil
Office: (786) 367-7649

Coast Guard searching for container ship caught in Hurricane Joaquin

MIAMI - Coast Guard search and rescue crews are searching for a container ship with 33 crewmembers aboard reported to be caught in Hurricane Joaquin, near Crooked Island, Bahamas.

The El Faro, a 735-foot ro-ro cargo ship, was en route to San Juan, Puerto Rico, from Jacksonville, Florida.  At approximately 7:30 a.m. Thursday, watchstanders at the Coast Guard Atlantic Area command center in Portsmouth, Virginia, received an Inmarsat satellite notification stating the El Faro was beset by Hurricane Joaquin, had lost propulsion and had a 15-degree list.  The crew reported the ship had previously taken on water, but that all flooding had been contained.

Watchstanders at the Coast Guard 7th District command center in Miami launched an HC-130 aircrew out of Clearwater, Florida, to search for the El Faro.  At this time Coast Guard watchstanders and rescue crews have been unable to reestablish communications with the El Faro crew.

Two Air Force C-130 Hurricane Hunter aircrews attempted to locate and reestablish communications with the El Faro unsuccessfully Thursday. Coast Guard crews remain on scene and will continue search efforts Friday by both air and sea.



--///////////////////////////////----------------------------
October 2, 2015 by Mike Schuler


MV El Faro. Photo: MarineTraffic.com/Capt. William Hoey



The U.S. Coast Guard has launched a search for a U.S.-flagged containership with 33 crewmembers aboard reported to be caught in Hurricane Joaquin, near Crooked Island, Bahamas.

The Coast Guard reported Friday that at approximately 7:30 a.m. Thursday, watchstanders at the Coast Guard Atlantic Area command center in Portsmouth, Virginia, received an Inmarsat satellite notification stating the 735-foot cargo ship El Faro was beset by Hurricane Joaquin while en route to San Juan, Puerto Rico, from Jacksonville, Florida. The notification said that the ship had lost propulsion and had a 15-degree list.

The crew reported the ship had previously taken on water, but that all flooding had been contained, the Coast Guard said.

El Faro is part of TOTE Maritime’s fleet serving in the Puerto Rican trade.

The Coast Guard has launched an HC-130 aircrew out of Clearwater, Florida to search for the El Faro and its crew. Coast Guard watchstanders and rescue crews have so far been unable to reestablish communications with the El Faro crew, the Coast Guard reported Friday morning.

Two Air Force C-130 Hurricane Hunter aircrews have also attempted to locate and reestablish communications with the El Faro but so far any attempts have been unsuccessful. Coast Guard crews remain on scene and are continuing search efforts Friday by both air and sea.

Hurricane Joaquin grew to a powerful Category 4 storm on Thursday, battering the Bahamas with torrential rain, strong winds and storm surges. On late Thursday, Joaquin was centered about 75 miles (120 km) south of San Salvador, Bahamas with maximum sustained winds of 130 miles per hour (210 kph), the National Hurricane Center said in its advisory late on Thursday.

Tim Nolan, President of TOTE Maritime Puerto Rico issued the following statement regarding the situation with the El Faro:


“On September 29, the El Faro, one of TOTE Maritime Puerto Rico’s two ships departed Jacksonville en-route to San Juan Puerto Rico. At the time of the El Faro’s departure, the vessel’s officers and crew were monitoring what was then Tropical Storm Joaquin. As of 720am EST on Thursday October 1, TOTE Maritime Puerto Rico lost all communication with the El Faro. The US Coast Guard was immediately notified and since then we have been unable to reestablish communication. There are a number of possible reasons for the loss of communications among them the increasing severity of Hurricane Joaquin.

TOTE Maritime Puerto Rico’s primary concern is for the safety and well-being of the 33 individuals on board. We are working to ensure clear and frequent communications with their families and loved ones as we learn more.

We have reached out to the families of those impacted and have established open lines of communication to provide them with timely updates. Our thoughts and prayers are with the individuals and their families.

TOTE Maritime Puerto Rico is working closely with the US Coast Guard and all available resources to establish communication by whatever means possible.”

The El Faro has been a part of Sea Star Line’s fleet serving the Jones Act trade route between the U.S. and Puerto Rico and the Caribbean. Sea Star Line was previously an operating company within TOTE, Inc., but it was recently re-organized along with Totem Ocean Trailer Express, serving the Alaska market, under the TOTE Maritime brand.

The El Faro was originally built in 1975 and underwent a major overhaul in 2006. The ship was known as the Northern Lights.

Also on Thursday, the U.S. Coast Guard rescued 12 crewmembers who abandoned the Bolivian-flagged cargo ship Minouche north of Haiti after the ship developed a severe list.

Safety hazards persist at Corn Island Shipyard Inc., in Grandview, Indiana



Sept. 28, 2015

Safety hazards persist at
Corn Island Shipyard Inc., in Grandview, Indiana shipyard
OSHA follow-up inspection finds safety has not improved since 2013

Employer name: Corn Island Shipyard Inc., Grandview, Indiana

Citations issued: Sept. 28, 2015

Investigation findings: The U.S. Department of Labor's Occupational Safety and Health Administration's Indianapolis Area Office cited the company for five repeated, 14 serious and three other-than-serious safety and health violations, as a result of a March 2015 follow-up inspection.

Inspectors found workers exposed to similar hazards to those cited in September 2013, including a lack of machine safety procedures, missing railings on platforms and surfaces, and use of damaged powered industrial vehicles.

Serious violations include:
Use of unsafe aerial lifts and cranes.
Fall hazards.
Improper handling of compress gas cylinders, flammable and combustible materials.
Not having a trained shipyard rescue team.

Quote: "Workers' safety matters. By continuing to operate unsafe equipment Corn Island Shipyard is demonstrating to their employees that their safety is not a priority and that is simply unacceptable," said Vanessa Martin, OSHA's area director in Indianapolis. "This company needs to make immediate improvements to its safety procedures for equipment, elevated platforms, fall protection and other hazards to ensure workers are protected on the job."

Proposed Penalties: $119,700

View Citations:
http://www.dol.gov/opa/media/press/osha/OSHA20151890a.pdf*

http://www.dol.gov/opa/media/press/osha/OSHA20151890b.pdf*

Woman has 2 fingers amputated while operating mechanical power press for first time at Bway Homerville, Georgia, manufacturing facility. Employer cited previously for machine guarding violations



U.S. Department of Labor | Sept. 28, 2015

Woman has 2 fingers amputated while operating mechanical power press
for first time at
Bway Homerville, Georgia, manufacturing facility.

Employer cited previously for machine guarding violations

HOMERVILLE, Ga. – A 33-year-old woman had two fingers amputated as she used a mechanical power press for the first time without proper training or safety guards at the Homerville facility, federal inspectors have determined.

Inspected by the U.S. Department of Labor’s Occupational Safety and Health Administration 27 times previously at its facilities in seven different states, Bway has received 54 citations for various violations, including operating unguarded machinery and not providing a workplace free of recognized hazards.

The most recent OSHA inspection found that the woman attempted to install a latch on a metal ammunition box when the amputation occurred. The agency cited Bway Corp. for four repeated, 15 serious and three other-than-serious safety violations on Sept. 28.

OSHA also cited SMX LLC, the staffing agency that employed the injured worker, for three serious and two other-than-serious safety violations. Proposed penalties for both companies total $217,720.

“A worker suffered a permanent, avoidable injury because two companies failed to provide a safe workplace. That is tragic,” said Robert Vazzi, OSHA’s director of the Savannah Area Office.

OSHA issued serious citations to Bway and SMX for the employers’ failure to train the press operator on safe work methods and to guard machinery properly. Bway also received citations for inadequate exit route lighting, exposing workers to falls, not inspecting equipment at required intervals and improperly storing oxygen and gas cylinders together.

The agency also issued repeated citations to Bway for failing to ensure proper machine guarding and for several electrical deficiencies. OSHA cited the company previously for similar violations in 2011, 2012 and 2014 at its facilities in Macon; Dayton, Ohio; New Jersey; and Bryan, Texas.

To view current citations, visit:

http://www.osha.gov/ooc/citations/BWayCorporation_1051410.pdf*
>http://www.osha.gov/ooc/citations/SeatondbaSMXLLC_1051375.pdf*

SMX has had four agency inspections since 2010 and previously received citations for not reporting a workplace injury and using an unsafe forklift.

Bway Corp., a metal and plastic container manufacturer, has headquarters in Atlanta and operates 26 facilities throughout North America. The company employs more than 4,000 workers. Seaton Corp., doing business as SMX LLC, has headquarters in Chicago. It employs more than 15,000 workers worldwide, with 88 employees at the Georgia facility.

The companies have 15 business days from receipt of their citations and proposed penalties to comply, request a conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Savannah Area Office at 912-652-4393.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

K&F Construction Inc. fined $44,220 after the construction contractor exposes workers to fall hazards at Morgantown, West Virginia, worksite.



Sept. 29, 2015

Construction contractor exposes workers to fall hazards at Morgantown, West
Virginia, worksite.


K&F Construction Inc. fined $44,220 following OSHA investigation

Employer name: K& F Construction Inc., P.O. Box 6013, Martinsburg, West Virginia. The inspected work site was located at Suncrest Village, 100 Townshouse Way, Morgantown, West Virginia.

Citations issued: On September 18, the Occupational Safety and Health Administration cited the company for one willful and two serious violations.

Investigation findings: OSHA inspectors cited the company after finding employees were exposed to a 35-foot fall while working on a roof with no fall protection. The jobsite involved the new construction of three-story townhomes in Morgantown. K& F was performing roofing work on the residential structures. The company was also cited for its failure to provide employees with training related to fall hazards.

Proposed penalties: $44,220

Quote: "With falls as the leading cause of deaths in the construction industry, employers put workers' lives at risk when they don't provide the proper fall protection," said Prentice Cline, OSHA's area director in Charleston. "It's an employer's responsibility to ensure its employees have a safe and healthy workplace. Anything less is unacceptable."

View the citations: http://www.osha.gov/ooc/citations/KandFConstructionInc_1066800.pdf*.

To ask questions; obtain compliance assistance; file a complaint; or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Charleston Area Office at 304-347-5937.

VCNA Prairie Inc. operating as Prairie Material, Bridgeview, Illinois fined after a 28-year-old worker relining a concrete dump hopper fell 17 feet through the hopper's opening, suffering several fractures



Oct. 1, 2015

Maintenance employee suffers multiple fractures in fall

Employer name: VCNA Prairie Inc. operating as Prairie Material, Bridgeview, Illinois

Citations issued: Sept. 29, 2015

Investigation findings: The U.S. Department of Labor's Occupational Safety and Health Administration's North Aurora Area Office cited the company for eight serious safety violations. OSHA initiated an inspection April 14, 2015, after a 28-year-old worker relining a concrete dump hopper fell 17 feet through the hopper's opening, suffering several fractures.

Inspectors found workers were exposed to permit-required confined space hazards because the company failed to:
Use proper equipment for entry and exit.
Use a retrieval system.
Have an attendant present during entry into confined spaces.
Post warning signs.
Issue permits to enter such spaces.

Many workplaces have confined spaces not necessarily designed for people, but large enough for workers to enter and perform jobs, such as maintenance and repair. A confined space also has limited or restricted means for entry or exit and is not designed for continuous occupancy. The company also failed to provide a scaffold for the employee to work from and a railing around the mixer dump hopper.

Quote: "It can be lethal to allow workers to enter hoppers and other confined spaces without proper equipment and an attendant. Confined spaces can restrict employee's movement and subject workers to air that lacks oxygen or may be toxic or combustible," said Jake Scott, OSHA's area director in North Aurora. "This company needs to make immediate improvements to its procedures for entering such spaces to ensure no one else is injured on the job."

Proposed Penalties: $51,000

View Citations here*.

Queens man killed after he fell out and got crushed between the shaft and a malfunctioning elevator in Williamsburg, NY




Man Dies After Falling From Malfunctioning Elevator in Williamsburg: NYPD




By Ben Fractenberg and Trevor Kapp | October 2, 2015 8:20am

A man was killed after falling down an elevator shaft at 156 Hope St. in Williamsburg early Friday morning, according to police.
DNAinfo/Trevor Kapp

WILLIAMSBURG — A man was killed after falling down an elevator shaft in Williamsburg early Friday, according to the NYPD.

The 37-year-old Queens man was in the elevator at 156 Hope St. at about 4:18 a.m. when it suddenly jerked and the doors opened, a police spokesman and sources said.

He fell out and got crushed between the shaft and the elevator, the spokesman added.

The man suffered trauma to his head and torso and was pronounced dead at the scene. His identity has not yet been released by the NYPD.

His friend, Mona Ramsdell, said she was in the elevator with him when it started to malfunction.

“We walked into the elevator and it just went down and it went up. Now my friend is dead because of it,” Ramsdell. “I gave mouth-to-mouth to my friend this morning trying to save his life. I'm really upset."

Building resident Pez Epstein, 44, said the elevator has had "lots of problems" in the past.

"It's always made this weird noise, like a rattling," Epstein said. "They came to fix it maybe a month ago. They'd come and fix it and it'd break again."

Department of Buildings Commissioner Rick Chandler said the agency was not aware of any "outstanding problems" with the elevator.

"However, my staff here is going to put it through its paces," Chandler told reporters after stopping by the building Friday morning. "We're waiting for some weights to come and we're going to test it fully loaded, category 5 testing, and check all of its parts, so right now the investigation is ongoing."

Investigators would also try to determine if the elevator may have been overloaded at the time of the incident, Chandler added, or if it was trying to level off properly at a floor.

The building had several complaints in 2012 that the elevator would "jerk" and its doors would open between floors, according to the Department of Buildings.

A man who identified himself as a supervisor for the elevator maintenance company said he was "very surprised" by the incident.

"We do routine monthly maintenance on them," said George Herling, who said he worked for P&W Elevators. "I'm very concerned to see what happened."

The company was also listed in DOB records as having inspected the elevator at least five times since 2013, most recently in July, at which time it was deemed "satisfactory."



https://www.dnainfo.com/new-york/20151002/williamsburg/man-dies-after-falling-from-malfunctioning-elevator-williamsburg-nypd


//----------------------///----------------------//


Man Dies After Being Crushed By Elevator In Williamsburg
by Jen Chung in News on Oct 2, 2015 9:15 am








(Google Maps)

A man was pronounced dead early this morning after apparently being crushed by a "malfunctioning" elevator in a Williamsburg apartment building

Police responded to a 911 call at 156 Hope Street around 4:18 a.m. and found a 37-year-old man, "unconscious and unresponsive, with trauma to the head and torso." Responding EMS pronounced him dead at the scene. According to ABC 7, "he became trapped between the elevator and the floor, during an apparent malfunction."

The location is the luxury apartment rental building The Espoir. The Post reports, "A source said the elevator malfunctioned and somehow crushed the man... The victim didn’t live at Espoir Luxury Rentals, which features a gym, roof deck and a game room."

Update: The Daily News has more details of the tragedy: The victim and his roommate had entered the elevator, but then it plunged with the doors open.
"He got scared and tried to jump out when it dropped," said roommate and close friend Mona Zarrin Ramshell.

The victim's head was caught between the elevator and lobby floor when the elevator suddenly shot upwards mid-leap.

"The elevator just dropped and then shoots up," Ramshell said, tears streaming down her cheeks. "His head was out and his body was in."

Ramshell was able to escape the elevator through a hatch in the bottom. She ran up to the lobby and started giving mouth-to-mouth resuscitation to her roommate.

"I got up to him and it looked like he was dead," she said.

"I felt his pulse stop and he was dead. I was telling him, 'I love you, baby. You'll be OK.' I started singing to him."Ramshell said that he was revived at one point, opening an eye, but then "I could just feel his energy die."

She said that the building has notoriously troubled elevators. Another resident agreed, telling DNAinfo, "It's always made this weird noise, like a rattling. They came to fix it maybe a month ago. They'd come and fix it and it'd break again." 

Source:http://gothamist.com/2015/10/02/elevator_death_williamsburg.php

Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services. Construction, Investigation, Remediation and Forensic Expert Engineers



Construction Defects, Construction Claims, Engineering, Property & Casualty Investigations, Assessment, Site Investigation, Remediation, Litigation and Indoor-Air Expert Engineers



Bill Stephan, PhD, PE, CIH, CHMM, JD, MBA

Principal Engineer



P.O. Box 520

Tenafly, New Jersey 07670-0520

Phone: (973) 897-8162

Fax: (973) 810-0440




______________________________________________________________________



Firm Overview


The engineering and forensic firm of Metropolitan Forensics and Consulting Engineering and Environmental Services was established for the purpose of providing a high value service to the insurance industry and to the insured companies or individuals. Our founding principal (Bill Stephan) is a licensed professional engineer in several states, including, New Jersey, New York, Pennsylvania, and Delaware.



We specialize in the in-situ remediation of petroleum and chlorinated spills, the defense of liability claims, the investigation and defense of first or third party insurance claims and the handling of subrogation claims.  We are also experts on oil and gas energy sector issues (design, investigations, construction oversight), renewable energy sector (wind turbines, solar panels, biofuels, etc), vapor intrusion evaluation, vapor phase and transport and in design on vapor mitigation systems.  Additionally, we offer forensic engineering services, including age-dating of contaminant releases, construction defects, oversight, evaluation of remedial alternatives, sub-slab ventilation system design and installation.  The list of our core services is:



  • Cause and Origin Investigations
  • Construction Failure Analysis (Residential, Industrial and Commercial)
  • Structural Integrity Evaluation
  • Site Investigation
  • Tank removals and tank installations; licensed and insured to perform entire UST work
  • In-Situ Remediation of Soil and Groundwater
  • Vapor intrusion, indoor air evaluation and mitigation
  • Causation
  • Forensic Investigations (age-dating)
  • Oversight
  • Review of Remedial Action Work Plans
  • Reserve Estimation
  • Cost Allocation
  • RAWP Preparation
  • Site Remediation
  • Cleanup Level Development and Negotiation
  • Subrogation
  • Expert Witness/Litigation Support
  • Licensed Site Remediation Professional (LSRP) Services
  • Construction Claims (Delay, Differing Site Conditions, Loss of Productivity, Acceleration, and others)

 





































Additional Specialty Service Areas

Age Dating
Boilers & Burners
Bridges
Building Codes
Building Inspections


Construction Accident
   Reconstruction
Construction Defects
Construction Delay Claims

Construction Surety Claims
Construction Disputes
Construction Differing Condition Claims
Construction Oversight
Construction Management
Construction Acceleration Claims

Construction Failures
Construction Injuries
Contractor Performance Issues
Corrosion


Defective Designs
Defective Roadway Design
   Evaluations


Earthquake
Electrical Accidents/Injuries
Electrical Equipment Failures
Electrical Fires
Elevators, Escalators
   & Conveyors
Embedded Software Hazards
   & Analysis
Equipment Failures
Errors and Omissions
Explosions

Failure Analysis
Fire
Fire Codes
Fire Protection Systems
Fire Suppression Systems

Flood Damage Assessment

Foundation Systems

Gas Systems

Hailstorm damage

Heating & Ventilation Systems
Heavy Construction
Highway/Roadway Design
Human Factors


Indoor Air Quality
Laboratory Services
Ladders, Scaffolding Falls
   & Failures
Lightning

Mechanical Defect Evaluations
Metallurgical Age Dating
Mold Causation
Natural Disasters/Weather
   Related Issues
Nuclear Energy
Occupational Hazards
   & Illness

Piping
Playground Equipment Injuries
Plumbing
Product Failures
Roofing Problems & Failures
Safety Codes
Safety & Human Factors
   Engineering
Scalding
Scene Mapping and Photographs
Sick Building Syndrome
Sports Equipment Injuries
Standardized Codes
Steam Systems
Subrogation Issues


Transportation Issues
Trips, Slips & Falls
Underground Storage Tanks
Utilities Expertise
Vibration
Water Damage
Windstorm



Mission Statement


Our mission is to work as an extension of our clients to expeditiously achieve the most economically favorable resolution of claims on their behalf and on behalf of their insured. We have developed and will continue to create new solutions to the technical problems and issues which are facing the insurance industry and the insureds today.  

Metropolitan provides forensic engineering work (age-dating or fingerprinting), site remediation, auditing, cost control and litigation support services to insurance carriers, their insureds and to private or public companies.  In its risk management role, examines, manages and audits environmental claims to ensure that assessment and remediation services provided to both carriers and policy holders are reasonable and necessary, properly rendered and appropriately charged. 



In its litigation support role, Metropolitan assists carriers and their counsel to ensure that litigious disputes are resolved fairly and reimbursement benefits are provided when appropriate.  The corporations service area includes the entire United States, with our corporate office located in Northern New Jersey.  The Firm's professional staff also travels regularly throughout the United States on assignment.


Forensics at Metropolitan


There are many issues associated with disputes over responsibility for cleanup. Who, what, when, where, and how chemicals were released can be investigated. The tools of forensic investigation include mathematical models, statistical models, fate and transport calculations, chromatography, lead isotope analyses, time of travel assessments, library search site characterization, tracer additives, and recently developed software applications.



Effective forensic project management should include an evaluation of multiple forensic tools based on site specific circumstances. The process of evaluation and the ultimate selection of the forensic tool are critical to a successful outcome. When project budgets allow, combining forensic methods for corroborative evidence can substantially strengthen your client’s position in an effort to prevent or support litigation. The effective forensic consultant must be well acquainted with an ever expanding list of analytical methods, environmental regulations, assessment procedures and remedial technologies.



The forensic field is one that utilizes a wide range of scientific tools to identify and characterize complex adverse environmental events. Some of the scientific disciplines involved in forensics include engineering principles (biological, physical and chemical), hydrology, lithology, geology, site history, site practices, mathematics, and statistics. These areas may be combined with technologies such as respiratory analyses, chromatography/mass spectrometry and chemical fingerprinting methods to answer complex questions with the ultimate goal of establishing responsibility for a particular event. Accurate, defensible forensic analyses are an essential component of any strategy that attempts to resolve the extent of the insurer or insured client responsibilities in the cleanup of contaminants.


Contact us online or call 973-897-8162 to learn more about our forensic services.



Property Damage Services at Metropolitan

Metropolitan assists property owners, claims professionals, businesses, and attorneys in   the assessment of the cause & origin (C&O), extent of damage and required restoration after pipe bursts, settlements, manufacturing and construction failures, fire, flood, earthquake, or storm damage.  Our teams of engineers have extensive experience in the many systems that make up a building including structural, mechanical and electrical systems.   We also have the necessary background to evaluate property damage to items such as communications towers or solar panels. We can help determine alternative, appropriate, and cost effective solutions for repair or restoration of any damaged property, both commercial and residential. 

Providing Competent, Expert and Objective Investigative Engineering and Consulting Services.

Our experts are multi-skilled, competent, and objective professionals who apply their analytical and common sense skills to reconstruct, determine the root cause, and document the events that give rise to property, casualty, and liability claims.  Thorough investigations and detailed measurements/research help us distinguish between pre-existing conditions and sudden and accidental losses.


Our investigations are:

·         Comprehensive & Accurate

·         Legible & Easy to Understand

·         Timely Performed

·         Delivered Quickly

·         Cost Effective

·         Clear & Concise

·         Developed by Professionals

·         Dependable

·         Our own uniform reporting system saves time and money.


Our Fast Track Investigation and Uniform Format Reporting systems allow us to conduct and deliver a comprehensive response to the assigned claim.  In most cases, we will obtain findings based on a site visit, visual observations, photographs, interviews, and field measurements.  Further investigations and testing will be provided upon request and approval by the client.



Forensic Investigation of Property Damage Claims

Metropolitan Consulting, Engineering & Forensics understands your need to complete a claim investigation accurately and efficiently as possible.  Whether it is accident reconstruction, damage due to environmental forces such as wind, water, hail, snow, tornado, etc.; fire origin & cause investigation or any other claim, the engineers at Metropolitan understand both you and your client want to resolve the claim.  The analysis you receive from Metropolitan will be accurate and complete, giving you the information needed in the claim adjustment and analysis.

Our services have extended beyond the forensic analysis phase into the remediation and repair phase of many large loss claims.  Upon the completion of the cause and origin (C&O) investigation, Metropolitan can provide our clients with complete working drawings and specifications needed to repair or rebuilt damaged buildings or other structures.  Metropolitan Consulting & Engineering’ staff possesses many-many years of experience in rehabilitation design, construction management, and project oversight to ensure the loss is restored in a timely and cost-effective manner without sacrificing quality.  Building code knowledge allows us to identify possible code upgrades as needed.  Metropolitan understands constructability and realizes making an insured whole goes beyond forensic investigation and design. We pride ourselves in providing practical solutions contractors can understand and follow.

At the forefront of available technology, we provide professionals and staff capable of handling a variety of engineering evaluations.  Our reports are clear, concise, complete and efficiently produced.  Our engineering objectives are achieved in an ethical manner consistent with the traditions and character of engineering professionals.

Contact us online or call 973-897-8162 to learn more about our property damage services.


Extensive Experience helping Sureties

Metropolitan also has extensive experience helping sureties fulfill their bond obligations resolve disputes after a contractor has defaulted.  This work includes the evaluation of contractor bid pricing, evaluation of the contractor’s ability to perform work, risk assessment, evaluation of termination, construction completion services, claim and litigation support services, loss recovery services, evaluation of payment bond claims, negotiation and settlement of payment bond claims, and construction defects investigation services.  Metropolitan has provided these services for commercial, development, educational, and assisted living projects.

Construction is a business fraught with risk.  Disputes over even the smallest of issues can quickly escalate, with crippling consequences to the project and the parties.  Over the years, the construction industry has developed various methods of contractually allocating the risk of project delay and disruption.  Some of these methods include liquidated damages provisions, "no damages for delay" clauses, mutual waivers of consequential damages, provisions that limit liability, claims notice provisions, and provisions addressing responsibility for the adequacy of the construction plans and specifications.  Parties frequently litigate the sufficiency of these risk-shifting efforts in conjunction with the underlying merits of delay and disruption disputes.
Construction Claims & Disputes
The most frequently encountered claims include:
1.            Construction Delay Claims
2.            Disruption and Loss of Labor Productivity Claims
3.            Design and Construction Defect Claims
4.            Force Majeure Claims
5.            Acceleration or Compression of the Schedule Claims
6.            Suspension, Termination and Default Claims
7.            Differing Site Conditions Claims
8.            Change Order and Extra Work Claims
9.            Cost Overrun Claims
10.         Unacceptable Workmanship or Substituted Material Claims
11.         Non-payment Claims (stop notice (or Notice to Withhold) claims, mechanics’ lien (only for private construction projects) and payment bond claims)



Forensic Engineering Experience Case Studies


Metropolitan staff has developed and utilized scientific methods to assist clients in a variety of ways related to their claim issues. The following is a partial list of such projects:

  • Provided expert witness services for plaintiff seeking remediation of contaminated groundwater that caused indoor air inhalation problems;
  • Testified that engineering and scientific evidence was improperly collected and analyzed and was inadequate to show the age of the release;
  • Origin and cause of retaining wall failures.  
  • Lightning damage to structures or electrical systems and equipment
  • Roof failure or collapse as a result of accumulated load, additional weight and snow drift at hundreds of commercial and residential properties.
  • Demonstrated that solvents in groundwater at client's property originated from off-site dry-cleaner and that client's site actually provided remediation for the off-site release of dry cleaning solvent;
  • Expert witness for property owner impacted by industrial waste disposal from industrial manufacturer;
  • Demonstrated that environmental analysis by a previous consultant for a manufacturing site was inadequate; as a result, the lender's concerns were alleviated and financing proceeded;
  • Chemical "age-dating" and contaminant transport analyses of petroleum in groundwater at a gas station showed that contaminants originated from other parties;
  • Age-dated petroleum release at a former gas station to show that the previous owner of the gas station caused groundwater contamination;
  • Age-dated petroleum releases at an industrial facility to show that the on-site plume was the result of an off-site source;
  • Prepared age-dating reports for over one-hundred residential fuel oil spills;
  • Assisted insurance companies attorneys in defending subrogation claims; was able to demonstrate that the forensic data collected by the first party consultant were collected and analyzed using invalid methods;
  • Demonstrated that structural damage to a residence was from a source other than the alleged high lake level
  • Collected evidence (for the primary responsible party) that identified other responsible parties to share in the cost of a Superfund cleanup;
  • Review of the site data at a bulk petroleum facility indicated that the site releases were not the result of regular oil transfer operations and that they were caused by the negligent actions of the insured’s agents; the case was settled in favor of the insurance company;
  • Was able to demonstrate that the majority of the removal actions at petroleum release sites were neither reasonable nor necessary; as a result of our opinion, the insurance client settled the claim in favorable terms;
  • At several drycleaner sites we were able to demonstrate that the age of the release was much earlier than the parties originally believed; as a result, the insurance client settled the claim at a fraction of the alleged liability;
  • We performed numerous flood and wind damage assessments at commercial and residential properties.
Contact us online or call 973-897-8162 to learn more about our forensic engineering services.




Site Remediation Services


 Characterizing and remediating contaminated sites involve some of the most complex and difficult issues for environmental lawyers and their clients. Problem areas include responding to regulators; negotiating enforcement settlements; negotiating or litigating cost allocation and recovery claims; working with the insured or insurer client, lawyers and regulators to develop efficient, cost-effective remediation approaches; and selling, buying, or developing contaminated properties.



Metropolitan staff has developed and applied an innovative approach to the use of sodium persulfate for the sequential in-situ treatment of subsurface contaminants through chemical oxidation followed by enhanced biological degradation through sulfate reduction. This approach has broad applicability to a wide range of contaminants, and shows strong cost-saving benefits through reducing the initial volume of chemical oxidant necessary and enhancing the in-situ biological degradation of contaminants.



Through proper subsurface geochemical characterization and chemical dosing design, the approach focuses on utilizing the oxidant for immediate mass reduction at the source area, followed by degradation or polishing of the residual contamination using sulfate reducing bacteria.  Depending upon the oxidant activation method, this approach is applicable to petroleum hydrocarbons including both volatiles and PAHs, chlorinated volatile organic compounds (CVOCs) including chlorinated ethene, ethane and methane groups, as well as PCBs.


Contact us online or call 973-897-8162 to learn more about our Site Remediation Services.





Vapor Intrusion and Indoor-Air Studies


Vapor intrusion has received increased attention over the last few years near contaminated sites because some contaminants have the potential to migrate into nearby buildings and negatively affect indoor air quality. The accumulation of these volatile vapors in buildings can result in significant safety and health concerns.
To properly evaluate vapor intrusion a thorough evaluation of the building's ventilation system and subsurface conditions needs to be conducted by a knowledgeable professional in accordance with state and federal established procedures. 
The evaluation process typically includes a thorough building chemical inventory, the advancement of soil gas probes and the collection of soil gas samples. When indoor air quality problems are identified they can normally be resolved through the modification/installation of a properly designed ventilation system.
Metropolitan is well experienced with U.S. EPA and State vapor intrusion investigation techniques. We have completed numerous vapor intrusion and indoor air quality studies at commercial and residential properties. We have the experience to identify and resolve indoor vapor intrusion problems and the practical know-how to resolve indoor quality issues in an efficient and cost effective manner.
Contact us online or call 973-897-8162 to learn more about our Vapor Intrusion and Indoor Air Studies.




Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services.

Construction, Investigation, Remediation and Forensic Expert  Engineers

P.O. Box 520

Tenafly, New Jersey 07670-0520

Ph.: (973) 897-8162

Fax: (973) 810-0440




Contact: Dr. Bill N. Stephan, PhD, PE, JD, CIH, MBA, CHMM



Insurance claim examiners, insureds, insurers, insurance adjusters and risk managers use Metropolitan for determining cause, evaluating the extent of damage, determining the age of the release, separating unrelated damage, analyzing loss scopes and managing restoration data, determining costs to repair, restore or replace, and preparing for insurance appraisals.



Attorneys call on Metropolitan for help when preparing for Litigation and Alternative Dispute Resolution such as arbitration and mediation